Rochelle's Daily Wire

Official Form 122C-2 could be read to deprive a chapter 13 debtor of the IRS standard housing deduction when the statute permits the deduction.

The split deepens on whether the jurisdiction of bankruptcy courts is limited by Article ‘case or controversy’ requirements.

Judge Jacobvitz of New Mexico follows Judge Harner of Maryland in developing a standard for deciding whether a Subchapter V debtor may extend the time for filing a plan.

Courts are split when it comes to deciding whether the confirmation date or the filing date should be used to value a secured lender’s collateral in cramdown.

Judge Jacobvitz told counsel for chapter 13 debtors how to write their engagement agreements to ensure being paid from funds held by the trustee if the case converts to chapter 7 before confirmation.

Although federal credit unions are not controlled by the government, they are governmental units under the Bankruptcy Code, Judge Jacobvitz says.

In a SARE case, the BAP says that the bankruptcy court cannot deny a lift-stay motion without finding that confirmation is reasonably possible in a reasonable time.

Judge Jacobvitz allows the debtor to proceed under the SBRA more than a year after the initial chapter 11 filing

Destitute debtor allowed to challenge student loans six years after a chapter 7 discharge.

‘General unsecured creditor’ is an ambiguous term not defined in the Bankruptcy Code or Rules.